Chandrakant Chhagan Sonawane (Koli) v. The State Of Maharashtra And Another

931-ba-935-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.935 OF 2023 CHANDRAKANT CHHAGAN SONAWANE (KOLI)

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Kulkarni Suniket Anil APP for Respondent/State : Mr. Y.G. Gujarati Advocate for Respondent No.2 : Mr. Amit S. Savale ...

CORAM : S.G. MEHARE, J.

DATED : JUNE 27, 2023 PER COURT:- 1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the respondent no.2/victim. 2.

The applicant is seeking bail in Crime No.55 of 2023 registered with Sarangkheda Police Station, District Nandurbar for the offence punishable under Section 376(2)(n), 376(3), 363, 366(A) of the Indian Penal Code and Section 4 and 6 of Protection of Children From Sexual Offences Act.

3.

The prosecution and learned counsel for the victim opposed the bail application since the victim was minor. 4.

The papers placed before the Court reveals that the victim voluntarily went with the applicant. Her parents were opposing for their marriage. It seems to be a consensus relationship. She was about 16 years old at the time of the alleged incident. Her

931-ba-935-2023.odt (2) statement indicates that she was able to take a appropriate decision and had a knowledge of the consequences of her acts. It is a case of love affair. Nothing is recovered from the applicant. Hence, he deserve bail. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Chandrakant Chhagan Sonawane (Koli), be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with the above crime, on the conditions that he shall not tamper with the prosecution witnesses.

(iii) The applicant shall not contact the victim till conclusion of the trial.

(iv) The applicant shall attend the concerned police station as and when called on written notice by the investigating officer till filing the charge sheet.

(S.G. MEHARE, J.) Mujaheed//